Skip to main content

tv   The Journal Editorial Report  FOX News  July 6, 2014 12:00pm-1:01pm PDT

12:00 pm
this week on the journal editorial report. the supreme court and its term with a political bang as justices dell a blow to obamacare's birth control mandate. and democrats resurrect their war on women strategy just in time for the campaign season. plus, president obama's summer slump. scandals at home and crises abroad send his poll numbers down. and raise questions about his ability to lead for the next two years. and as isis declares a new islamic state, an alarming report says jihadists are making a come back worldwide. we will assess the threat to the homeland.
12:01 pm
welcome to the journal editorial report. the supreme court endedity term this week with a political bang. ruling in the much-anticipated hobby lobby case that the arts and craft chain and other closely health care were not required to pay under the heal mg care act. the 5-4 decision was supported by supporters but quickly jumped on by liberals looking to resurrect the war on women election piece. >> that the corporations employers can impose their religious beliefs on their employees and of course, deny women the right to contraception as part of their health care plan is exactly that. i find it deeply disturbing that we are going in that direction. >> joining the panel this week, wall street journal columnist and deputy editor, senior page
12:02 pm
editor and editorial board member joe rago. joe, you followed this debate all along. how important significant broad was this opinion. because justice ginsburg, in her descent, had a radical purpose that would create havoc. >> look, that's a little bit ridiculous. this an important vendcation of religious liberty and congress passed a law two decades ago called the religious freedom restoration act which said if the government is going to interfere with the free exercise of religion, that is the least restricted means possible to do so. all the court did, the court majority, look, this is a public interest but you're infringing on the rights of the owners of hobby lobby and you're giving one set of rules for for-profit corporations and another set of rules for nonprofits that were
12:03 pm
less restricted. so extend that accommodation to closely held companies like hobby lobby. >> what do you make of justice ginsburg's disant column. she said it would deny all corporations, that they could bailout of any legal restriction if they just cited the religious excuse. >> justice ginsburg's dissent was incredible and justice alito addressed that issue in particular, in his opinion, and said, this does not apply to everything. this is a narrow decision and we are making very clear here the real issue is that religious freedom shouldn't be determined by a company's tax status. and he write that the administration had already made clear that it's going to do a carvenonprofits and a group that hobby lobby organizes for a for-profit organization,
12:04 pm
doesn't mean it needs to check its ethical obligations at the door. >> and alito says this does not apply to all fortune 500 companies or very large companies, only closely held companies. which means they have a small number of share holders who can demonstrate very clear religious convictions. >> right. as a practical matter, if you think about it, a publicly held company with thousands or more shareholders, it is almost impact for all of those shareholders to be of the same mind. so the fact that this would be extended to those companies is, i mean, is extremely far fetched. >> this is an important distinction, the government argued that in their words atinnated. drives a long distance between what we are asking you to do and what your company does. the court said absolutely the opposite. what hobby lobby was concerned about was a core concern of this closely held company. a religious concern and that was protected under the religious
12:05 pm
freedom act. so this is a big victory for religious freedom irregardless of what hillary clinton's complaining about wal-mart and fortune 500 companies, which is false. >> what is a political reaction to this, joe? >> i think partly deliberate distortion and democrats need an election theme that is not the economy or -- >> so they think this is a -- even though they deplore the decision, as a political matter, they can use it to drive turn-out in november. >> i think they are delighted. and i think that why you are seeing hillary clinton, president obama, all democrats across the board saying the supreme court is allowing your boss to ban contraception, which of course is false. any more than if fox news doesn't give you a company car, they are banning automobiles. >> and this ruling does not implicate, this does not threaten obama care in general. very specific. >> a very narrow, very direct
12:06 pm
part of it. the contraception mandate is still being litigated next term we will probably see more rulings. but for now they have kind of resolved the larger question of whether there's this distinction between corporate forms. >> the simple factual matter, 90% of the population has access to birth control. >> is this political strategy going to work, dan? >> i do not think it will fly. first of all, hobby lobby is a fairly sympathetic player in this. it is not as though it's wal-mart. most women already have, like 90% have access to birth control, if they want it. >> subsidized. >> subsidized. everybody has access to it. can you go into a drugstore and get it. >> $9 a month. >> as hillary clinton proved, you have to argue such a stretch to argue the case this is war on women. i think if most people think about it for a little while, will say, i do not understand what is going on, therefore, i
12:07 pm
don't think this will fly as political strategy. >> much more on the controversial supreme court term after the break. as the justices reign in president obama's executive overreach and deal a major blow to big labor epolitical power. marge: you know, there's a more enjoyable way to get your fiber. try phillips fiber good gummies. they're delicious, and an excellent source of fiber to help support regularity. wife: mmmm husband: these are good! marge: the tasty side of fiber. from phillips. you fifteen percent or more on huh, fiftcar insurance.uld save everybody knows that. well, did you know words really can hurt you? what...? jesse don't go!!
12:08 pm
i'm sorry daisy, but i'm a loner. and a loner gotta be alone. heee yawww! geico. fifteen minutes could save you fifteen percent or more. jesse? a body at rest tends to stay at rest... while a body in motion tends to stay in motion. staying active can actually ease arthritis symptoms. but if you have arthritis, staying active can be difficult.
12:09 pm
prescription celebrex can help relieve arthritis pain so your body can stay in motion. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain and inflammation. plus, in clinical studies, celebrex is proven to improve daily physical function so moving is easier. celebrex can be taken with or without food. and it's not a narcotic. you and your doctor should balance the benefits with the risks. all prescription nsaids, like celebrex, ibuprofen, naproxen and meloxicam have the same cardiovascular warning. they all may increase the chance of heart attack or stroke, which can lead to death. this chance increases if you have heart disease or risk factors such as high blood pressure or when nsaids are taken for long periods. nsaids, like celebrex, increase the chance of serious skin or allergic reactions, or stomach and intestine problems, such as bleeding and ulcers, which can occur without warning and may cause death. patients also taking aspirin and the elderly are at increased risk for stomach bleeding and ulcers. don't take celebrex if you have bleeding in the stomach or intestine, or had an asthma attack, hives,
12:10 pm
other allergies to aspirin, nsaids or sulfonamides. get help right away if you have swelling of the face or throat, or trouble breathing. tell your doctor your medical history. and find an arthritis treatment for you. visit and ask your doctor about celebrex. for a body in motion. another closely watched supreme court decision this week that could signal big trouble for big labor down the road. as a five justice majority ruled that home health care workers in illinois cannot be forced to pay dues to a union they don't want to join. we're back with dan denninger, collin reninger and joe rago. tell us about this decision which applied to homeworkers which something like half a million are across the country. >> right, paul. this is a case where the court
12:11 pm
basically said, these workers, who many of them are working at home for their own children in many cases, as personal assistance, cannot be coerced in joining the sivu. especially in public employees, public sector unions, it dealt with the case called abood, an older case. you cannot be coerced into affectively lobbying the government. have you a public sector union, the government is on both side of the table. >> one of the things that a lot of analysts said was that the labor unions actually dodged a much broader decision here because the court did not overturn the earlier precedent and just narrowed this to home health care workers. not to all public employees. so they still can collect dues from most public workers. but is there a logic that the court could include to broaden
12:12 pm
this to all government employees? >> yes, that's exactly what happened here. and justice alito wrote this p not in a way that lays that out. he put abood out in what he called an anomaly and very questionable foundation that is not at all consistent with the court's general first amendment juris prudence. i think he made clear that that could happen in the future. but again, paul, this case is notable like many this term for justice roberts seeming to find a narrower route. rather than reaching a larger question. >> the chief justice john roberts went that is sort of the watch word this term and chief justice which is he preferred unanimity. so if he can get nine justices, including the four liberals on board, four narrower decisions, he will take it. or a right decision on the law. even if it doesn't have larger legal implications. or this is really interesting, good as far as justice scalia would like to go, who ended up this term writing concur ens
12:13 pm
that sound often like defense. >> right. three cases this term he concurred with the majority but in a very angry way. i agree with the result you've reached but i'm furious about it. it is interesting. 65% of the cases were unanimous, highest since the 1940s. >> how do you read chief justice roberts method here. >> i'll tell you, this is just an opinion, but i think justice roberts is concerned about the reputation of the court. in a world, political world, that we know, where there is so much polarization. so much polarization that congress's reputation is severely damaged. as is the president. >> he doesn't want the supreme court to have a reputation for being political. he wants the court to maintainity authority as a legal arbiter. >> exactly. meanwhile, justice scalia is making the counter argument, as he said explicitly, we are
12:14 pm
shirking our duty, quote, unquote, but not pointing out constitutional error. that's why justice scalia is so furious. >> collin, i know from -- >> that's -- sorry, i was just going to say, to elaborate on dan, that the irony. the effort to keep the court from seeming political or being a political hot button, end up with roberts choosing narrow routes that achieve a policy outcome but don't seem to be based deeply on the constitution. >> collin, give us an example here. give us a case where that happened where you think scalia was right and roberts settled for half a loaf that he shouldn't have. >> well, i think noel canning is a case like that. this is obviously a decision that was unanimous. that struck down the administration illegal recess appointments. everyone agreed that apointments were illegal but this is clearly a decision that sort of made up, you know, the line out of thin
12:15 pm
air. >> but here, collin, nonetheless, robert's got 9-0 review. that included two appointees that this president made. isn't that actually a very significant statement on the law? >> again, yes, statement on the law. but it is more a rebuke than it is a revitalization of the constitution. which is what the supreme court is supposed to be doing. supposed to be reading the text aeb telling us what it means. i'm not sure that is only what they are doing here. they came up with three days, to ten days. an okay time for a recess appointment. and no one knows where they got that. i'm not sure that's helpful in any way. >> we have the wall street journal's original interpreter of the constitution. when we come back, the blame game begins. which side will pay the bigger price in mid term elections and 2016. igger price in the mid-term elections and in 2016? maybe traveling for work sounds glamorous,
12:16 pm
but have you been on an airplane lately? [ man ] man, this thing's got a lot of onions. i really wouldn't survive it without this scarf. and i have tide plus febreze. it gets it fresher for longer. getting ripe in here, huh? [ female announcer ] tide plus febreze. that's my tide plus. [ female announcer ] tide plus febreze. our new flatbread sandwiches may be flat... the flavors, are anything but. so whether it's taste inspired by the freshness of the mediterranean... or the smoky spice of the southwest... or bold, adventurous thai flavors... always get flavor that's anything but flat. and always with chicken raised without antibiotics. new flatbread sandwiches from panera... ... each 360 calories or less.
12:17 pm
try one today. hey, buddy? oh, hey, flo. you want to see something cool? snapshot, from progressive. my insurance company told me not to talk to people like you. you always do what they tell you? no... try it, and see what your good driving can save you. you don't even have to switch. unless you're scared. i'm not scared, it's... you know we can still see you. no, you can't. pretty sure we can... try snapshot today -- no pressure.
12:18 pm
12:19 pm
the failure of the failure of house republicans to pass a darn bill is bad for our security, bad for our economy and bad for our future. that's why today i'm beginning a new effort to fix as much of our immigration system as i can on my own. without congress. >> that was president obama monday promising to take executive action on immigration. and blaming republicans in congress for failing to act. the issue has taken on a new sense of urgency as tens of thousands of unaccompanied minors from central america surge across the mexican border in what is quickly developing into a humanitarian as well as
12:20 pm
political crisis for the administration. we're back with dan hetinger and wall street political diary editor jason riley and foreign affairs columnist brett stevens also joins us. jason, let's start by doing what we do best, which is going on the field of battle and shoot the wounded afterity been fought. assigning political blame here for what happens. why did this break down? >> well, there's a lot of blame going around here. but if you want to start with the president, we can start there. and the lack of trust that other people have in him. not only members of congress but the country. and there is some validity to that. >> republicans are -- >> what are you talking about lack of -- >> to follow the law. to follow the law. republicans say we cannot trust a president who's done what he's done on obama care. who's done what he's done on federal work fair rules, and on immigration. he's acted unilaterally. he's began against his own laws in many cases.
12:21 pm
and they say we cannot deal with an individual who is -- >> isn't that always -- >> a large share of the blame, let's face it, lies with the house republicans po who fail to pass any kind of immigration reform. >> and quite frankly never want it have, and it is a bit of an alibi to say that they want, they can't trust obama. it's true that obama acts unilaterally but they were using the same loins to prevent immigration reform from taking place when george w. bush was president. >> jason? >> absolutely right. you can only take the argument so far. and you're right, same folks couldn't deal with bush as well. so you have to wonder if some of the republicans just want the ush u. they don't want a solution. that's part of the prop lem. everyone thinks this works to their advantage. republicans think it helps them bring out the base and democrats like the issue because it allows them to paint the other side of anti-hispanic. >> what is president obama doing?
12:22 pm
what is he going to do and is it the right thing to do? >> i think republicans will paint themselves into a huge political corner on the immigration deal. one of the things we are reading is there are significant sectors to the american economy that really wanted help on this. agriculture, contracting and the public sector. if president obama talks directly to them, says he will do whatever he can, it's limited, that they will begin to have some sympathy for democrats position. because republicans are on the bubble with the business community. on this issue. and i think they've gotten themselves to the point where obama can drive a wedge between sectors of the business community and republicans on immigration. >> but he is saying, brett, the president is saying that the suggestion is from white house leakers and so on this they will ease deportation and send fewer people back. is that a shrewd move on the president's part? >> of course it is. first of all, it is the right thing to do.
12:23 pm
i will say that straight out. even though some of our -- >> scratch probably. >> but it is also politically smart for him to do. deportations are a subject among hispanic americans. it is cool, capricious. if you've ever been on a plane, a flight to mexico -- >> the answer from our viewer, a lot of people would be, they are violating the law, brett, when they come to the united states. >> okay, okay. >> what are we going to do? deport 12 million people in answer to that? that's what they are say insayi. conservatives should come up with an immigration reform, attracted to them and doesn't continue to treat them as second or third class citizens. >> what about this rush of children over the border, jason? it is a horrible spectacle, really. >> it is horrible spectacle and it is managed poorly bit white
12:24 pm
house. these folks are coming, the governors are saying, we had no warning. these buses just started showing up. no one told us they were coming. no one told us when it will stop. that's poor management. >> why are they coming? >> for a couple reasons. they are coming from central america, generally, not mexico. and some of them are fleeing violence. that's an uptick there. there are rumors if they get to america, they can stay. they are coming for a variety of reasons. they are coming and they illustrate this is a big problem that congress needs to address and no one wants to eye dress it. >> the general public is getting sick of this issue. this is an example of it. i think the republicans run the risk of getting a reputation of not wanting a solution to something the public want to have behind them. so they can damage themselves, if they don't at least try to address something that the public has simply lost patience with. >> all right, gentlemen. thank you. much more to come in this special one-hour edition of the journal editorial report.
12:25 pm
still ahead, president obama's summer slump. a series of scandals at home and crises abroad have the president's poll numbers sinking. so how do they compare with the predecessors? we'll ask former bush viadviser karl rove. [ male announcer ] this is the age of knowing what you're made of. why let erectile dysfunction get in your way? talk to your doctor about viagra. ask if your heart is healthy enough for sex. do not take viagra if you take nitrates for chest pain; it may cause an unsafe drop in blood pressure. side effects include headache, flushing, upset stomach, and abnormal vision. to avoid long-term injury, seek immediate medical help
12:26 pm
for an erection lasting more than four hours. stop taking viagra and call your doctor right away if you experience a sudden decrease or loss in vision or hearing. this is the age viagra. talk to your doctor.
12:27 pm
12:28 pm
live from america's news headquarters, swimmers are now allowed back in the waters off southern california's manhattan beach. after a great white shark attacked a man there yesterday. it was all caught on video. the seven-foot shark was trying to break free from a fisherman's hook when it bit a man who swam into the fishing line. he's okay even has been released from the hospital. the shark remained in the area for about 20 minutes before swimming away. and overseas, israeli police say they have arrested six jewish suspects in the abduction and murder after palestinian teenager in jerusalem last week.
12:29 pm
palestinians say the boy's death was revenge killing for three israeli teens. sparking widespread violence in jerusalem and later spreading into more than israel. get you back now to journal editorial report. see you soon. welcome back to the special edition of the journal editorial report. well, the summer is off to a rough start for president obama. with scandals at the v.a. and the irs continuing to plague his administration. the supreme court handing him some high profile rebukes an house republicans announcing they will sue over executive action abuses. things certainly aren't any bet are on the international front. a series of crises have revealed a u.s. foreign policy in shambles. all these set backs seem to be taking their toll on the president's poll numbers. where job approval now firmly stuck in the low 40s and majority of americans believing he is no longer able to lead the
12:30 pm
country. wall street journal columnist karl rove joins us with more. thank you for joining us again, carl. >> you bet. >> you were in a white house in the sixth year which had low approval ratings, some close to this president's. how do you see this president standing compared to previous presidents at the stage in his term? >> well, the sixth year is a terrible time to be in the white house. it is like going to the proctologist each day. not pleasant at all. and president obama has bad numbers just as president bush did. but these are fundamentally different situations. >> how so? >> well, president bush, first of all, suffered from katrina. you know, an uncontrollable event, largest storm to hit america in recorded modern history. and the principal responsibility
12:31 pm
of dealing with the aftermath of those disasters was blamed on him and spending time pointing the finger at the governor or mayor of new orleans, he just took responsibility. and we had an ongoing war in iraq that was not going well at all. until the surge was announced after the 2006 election. things back to turn around in 2007 and 2008. >> but let's -- what is it about the president's standing right now? that if you were in the white house, you would say, all right, mr. president, we need to address. >> yeah, some of these are self inflicted. i think the tone is really bad out of the white house. i don't understand why the president believes that whenever he gets into difficulty, the answer is to dig deeper into the partisanship of the moment. the president, any president, is bigger when they rise above partisanship and this president when he gets into a difficulty
12:32 pm
like he did, is in now, it turns and becomes an even more harsh partisan. we saw it when the president went to the key bridge in washington, d.c. to push for his answer to the highway funding bill. we have not had a funding bill here for six years. and he is trying to get one using pay fors that have clearly been unacceptable since the time he came into office. he proposed the same sets of tax increases for to fund a variety of things and they've never gone anywhere. but rather than talking about it, he find republicans saying my proposal is not socialism. the language is just -- >> unduly harsh. >> here is the argument. yeah, the president's approval ratings are in the low 40s. look at congress. in the high teens. we can deflect attention from us and focus on in fact the failure of congress.
12:33 pm
and they will take the bulk of the blame and we can minimize our losses in mid terms. >> i think the object is losses in mid term. i'm not sure he is just blaming congress. he is trying to rally list base. he thinks his congress inflames the democratic lift. so they will get the same base, energized and toward turn out. for example, this week's decision on the hobby lobby. immediate response is to say, they want to take away your right to contraception and they are very open about it. the number of interviews to say whether this is great for us because we can rally single women to us in the fall they traditionally don't turn out in mid terms but this decision bit supreme court. but i'm not certain that's -- that works very well. they had the same strategy in 2012 and they won but they won with a smaller number of than they got in 2008. they need to enthuse people.
12:34 pm
get particularly ind pendent to come off of the bench and come on to the field for them an i don't think the strategy does anything except appeal to the hard core left. >> isn't it a little late to enthuse people in the cycle? look at the polling numbers about who the american people want to control congress. democrats or republicans. an they are very close. republicans do not have the big lead. in fact, some some poles, they are a point or two behind. >> yeah. to look at polls at this point in 2010, roughly similar. democrat need to go into mid term election. when they hold the white house with a lead on that question. a clear lead on that question. otherwise by election day, it end up being that the natural gravitational pull, they say, you know, it's my chance to say a message to the guy in charge, and to vote no on the president and we are likely to see that this year. i do think it is a very close election for the senate because of tactical reasons, not strategic considerations and
12:35 pm
democrats have on had field some of the only people who can try and held on to successfully to the seats and running very effective localized campaigns. trying to inoculate themselves. by distancing themselves as much as from the vpresident. >> it is clear the administration thinks that's political as president lashed at republicans as the responsible party this week. >> how do you think that plays in the key senate races this year. >> well, i think it cuts both ways. generally against republicans in states with significant latino populations. for example, colorado, this is going to be an issue. not so much of an issue say in alaska, for example. >> but it could hurt the republican in colorado is what you're saying? >> yeah. it could. and state with rapidly growing dynamic latino populations, this matters. and the questions is, are republicans in colorado distance
12:36 pm
themselves from hard loin ine a make themselves inclusive in the population. hispanic voters are able to differentiate between people, they were able to, for example, give a much higher percentage of the latino vote in texas in 2012 during the republican candidates than to mitt romney for example. so they do distinguish between are you for solving this problem or against solving this problem. but it is-long-term this is a real problem for republicans. also however in the short term a problem for democrats. if you go to some focus groups among latinos, there is a high level of awareness that president could have solved the problem when he had control of the congress in 2009 and 2010 but they didn't. and very strong decision he is content to use as political weapon rather than get it solved. >> thank you, carl. that issue and others be still ahead. you heard of the arab spring. are we witnessing the jihady summer?
12:37 pm
the terror spread worldwide, when we come back. h. heartburn. did someone say burn? try alka seltzer reliefchews. they work just as fast and are proven to taste better than tums smoothies assorted fruit. mmm. amazing. yeah, i get that a lot. alka seltzer heartburn reliefchews. enjoy the relief. when folks think about wthey think salmon and energy. but the energy bp produces up here creates something else as well: jobs all over america. engineering and innovation jobs. advanced safety systems & technology. shipping and manufacturing. across the united states, bp supports more than a quarter million jobs. when we set up operation in one part of the country, people in other parts go to work. that's not a coincidence. it's one more part of our commitment to america.
12:38 pm
12:39 pm
12:40 pm
the al qaeda offshoot the area now controlled in iraq and syria. unilaterally declaring statehood and muslims world wide to join under the fight. the rapid rise underscores who what experts say is a growing threat, finding the number of jihadists groups up since 2010. we are back with brad and and matt kaminski also joins the panel. matt, how big a threat is this and why is it coming back now? >> it is coming back now because of the failure of the arab spring in many wayes.
12:41 pm
jihad is politics by any means. these groups are stepping into a vacuum of bad governance. they rose out of a civil war in iraq. have you a failed political process in baghdad. but because after the arab spring failed, you have muslims in europe and overseas coming in to fight against what are called infidels. and the shia and americans know no matter what. and with them controlling half of iraq, this is the map of the middle east being remade. >> but this is not just the failure of the arab spring p. this is the failure of the united states. what is happening in iraq is a direct consequence of the catastrophe in syria buzz we did not act quickly to overthrow to depose the assad regime and so we allowed this, what began as peaceful insurrection to turn into this all-out civil war creating chaos all along civil
12:42 pm
war. >> so america's retreat is directly responsible for this and remember, paul, in may of 2013, president obama gave a big speech at national defense university of washington in which he said that core al qaeda is on a path it defeat and threat we face come from essentially a smaller offshoot al qaeda group that really pose nothing worse than the kind of terrorism we used to face in the 1980s. >> isn't he right about core al qaeda in the pakistan/afghan border? >> it was always an ideology, a meth method, a network. yes, you're right. what we had in the northwest frontier for the time being has been diminished. but it is me taft sized? iraq, syria, north africa, yemen. and one of the points that joe makes -- >> at author of the ram study -- >> right.
12:43 pm
from 50,000 in 2010 to 100,000. the number of al qaeda number of attacks tripled to a thousand a year. >> how big a threat is this to us here or americans abroad? >> i think is a huge threat, paul. i believe what isis has done in iraq, which is essentially gain control of about one-third of the country andity infrastructure makes this sort of -- changes everything, as we said. >> a terror enclave. >> a terror enclave with financing, with oil revenue behind it. that allows them to essentially restart what bin laden was trying to do back in 2001. >> in afghanistan. >> in afghanistan. they could hit u.s. installations overseas. whether it is cons late, universities, hospitals, or they could try something in the u.s. i think the lesson we are suggesting here is you simply can't stop with al qaeda and terrorism. you have to have a counter offensive actively pushing back against them. because they will always push
12:44 pm
forward. >> and frustrating in that that is what people really do worry about. there is competition between these groups in yemen, in syria, and in pakistan. and in a way, the group that is able to hit against a prominent western target is a group that may emerge strongest. >> so attacking america is a big pluck for these people. if they can do it, they regain prestige. >> you see western passports sold on the market. stolen passports sold on the market. so you will see the infiltration of trained jihady fighters, young men who have been lit rlly in the trenches, in syria, in iraq, who know how to use guns, know how to use explosives, filtering into places like brussells or germany or minnesota or germany or other place ne the united states. we can't simply pretend this is some kind of civil war happening, sectarian war
12:45 pm
happening in a far away country. this directly effects us. like it is iraq's problem is misguided. it is our problem. >> so what should we do about it. the american public, people in the white house would say, has no appetite for that kind of -- >> this is what lead areship -- this is what presidential leadership -- >> the president of the united states should good out and say, this is a direct threat to the united states. we ought to do the following and lay out assistance, military, diplomatic and elsewhere to allies in the region to defeat this threat. is that what you are saying? >> no. what he should be saying, but i doubt he will say it, is this is irrespective of what happens to bad baghdad or other countries, we won't allow it to rise in northern iraq. we will take these guys out and use targeted but intense military pressure to -- >> that's a reputation of
12:46 pm
everything he said to everything about his presidency about the problem is under control. there is not a chance he will do that. >> because the white house thinks it is very domestic terms in the policy. that's why we are in the mess we're in. one of the problems that the vacuum created by the american retreat is not only bringing al qaeda in but encouraging other countries to freelance. they are intervening in syria and iraq. russians are spending planes to iraq and saudis are doing their own thing, too. >> so the tide of war is not receding. when we come back, a major blow to teacher unions and public school status quo when the judge struck down the tenure last month. now the fight is head together empire state. well preview the next battle in the education wars, next. previ i'm mom at the playground and the dog park.
12:47 pm
the kids get trail mix, and you get a delicious milo's kitchen chicken meatball. i wish you liked my cooking that much. milo's kitchen. made in the usa with chicken or beef as the number one ingredient. the best treats come from the kitchen.
12:48 pm
12:49 pm
that's why i always choose the fastest intern.r slow. the fastest printer. the fastest lunch. turkey club. the fastest pencil sharpener. the fastest elevator. the fastest speed dial. the fastest office plant. so why wouldn't i choose the fastest wifi? i would. switch to comcast business internet and get the fastest wifi included. comcast business. built for business.
12:50 pm
well, new york state is new york state is shaping up to be the next front in the battle over teacher tenure and they are announcing last with school reform advocates announcing they will file a lawsuit saying it violates the constitutional right to a sound, basic education. it comes just weeks after a judge struck down california's tenure laws. and disproportionately harms poor and minority students. so, dan, this is a big deal, this california law. tell us what happened and why it matters. >> well, the lawsuit was brought challenging the california tenure system because they said it adversely impacted kids going to inner city schools. and the state judge out there said, it does indeed violate both the california education and the spirit of the famous
12:51 pm
federal supreme court case brown v. board of education. >> but that was segregation. this is about setenure. >> we can go into the details, but it is almost impossible to fire a bad teacher in california. the judge called it over the top due process. as a result, the worst teachers end up continuing to teach in the toughest school districts. as a result, those stunts suffer and do not have a decent education. >> so you're segregating them into terrible schools with bad teachers -- >> by not holding teachers accountable. >> is this the way we should be fighting this school reform battle, through the courts? conservatives often say say, not through the courts.
12:52 pm
why in this case? >> it's one way you have to go because the lawmakers are in the pockets largely of the unions. the courts are saying in this case and there's another suit in new york now, these kids are getting a second class education because it's impossible to fire bad teachers. it's that simple. what this exposes for me is just how much the system puts the adults ahead of the kids. these laws cannot be justified on educational grounds. there's no educational basis for firing teachers based on seniority and not whether they can teach. there's no educational basis for giving a teacher a job for life after 18 months in the classroom regardless of whether she can teach or not. >> you're basically saying that because the political system is so locked up and imperv just to change and dominated by the union mow noly, therefore you
12:53 pm
have to avail yourself of the courts. >> traditionally in the system -- we were just talking about brown v. board of education. you have had to go through the courts. >> in the south, they made reform in equal education impossible. >> i think that you should take -- you should go the political route as far as it will take you, but not rule out going to the courts. >> the secretary of education praised the ruling and said it should be something the state officials take into consideration and think about and yet the state government also run by democrats in california and the unions, they're appealing this and oppose the ruling. >> there's a real split in the democratic party. so clearly, there's a split in that party. i think what's really important, ultimately for this to stick, it can't really go through the courts. it has to be changed through the political process. knowing they will be appealed and overturned as the judge
12:54 pm
going too far. but you have to change the state ledgetures and to change these laws. >> i tell you what, even if it loses on appeal, this case in california or the one in new york or others brought elsewhere in the country, if this gets to the supreme court, which i think it probably will, all bets are off. you could see the court suppo supporting this? >> i think just on the legacy, both the liberals might accept it and i think some of the conservatives out of desperation might sign onto supporting this argument. >> what do you think about the legal prospects? >> i think it's headed to the supreme court. the yiunions will not give up o this. they can't. these directly threaten their workers. overturning these laws directly threaten the job protections that they fight for. it's a shame, because they're putting it above the kids. >> we have to take one more
12:55 pm
break. hits and misses of the week when we come back. at humana, we believe if healthcare changes, if frustration and paperwork decrease... the gap begins to close. so let's simplify things. let's close the gap between people and care.
12:56 pm
12:57 pm
12:58 pm
time now for hits and misses of the week. >> well, this is a hit to the u.s. soccer squad. obviously it's extremely disappointing that they lost in the round of 16 and extremely disapointing to lose to belgium. we should consider though that we did better than past champion spain and italy. and a particular hit to our wonderful immigrant coach jurgen klinsmann. i hope he reups. >> all right. colin? >> paul, brett will be happy to know there's an official white house petition to rename washington's reagan airport after american goalkeeper tim howard for his service to the united states. petitioners have to get 100,000
12:59 pm
signatures to make it happen. there was a petition to rebuild a star wars death star that got white house attention, so they raised the bar. i don't know whether they'll get there. i'm going to call this a hit to patetism. >> don't mess with reagan airport. >> this is a miss for the obama administration. purchasing schools to suspend fewer black kids. i don't understand how this helps the kids who go to school to learn. i think a safe learning environment is much more important than racial parity and disciplinary outcomes. >> so brett, i'm going for belgium all the way. appreciate the belgiums. who's your favorite. >> being married to a german woman i am obligated to root for germany and they have a pretty good shot. >> if you have your own hit or miss, please second it over. be sure to follow us on twitter.
1:00 pm
that's it for this week's show. thanks to my panel and all of you for watching. hope to see you right here next week. here next week. welcome to a healthy you. are you heading to a barbecue this weekend and you have no idea what to bring because these days it seems everybody is allergic to something? don't worry. we've got some simple, inexpensive solutions from the author of the allergy-free cook book. plus, if you and your kids plan on spending time outside this summer you will most likely be stung, scraped or bitten by one of mother nature's lovely little outdoor creatures. today the fine folks of the people pharmacy are here to share at home remedies for common summer ailments. it is true that most people are working longer hours at the office than ever before. it is also true that more and